CRIMINAL LAW - TYLA

1 CRIMINALLAW:MISDEMEANOR DRUG OFFENSE Texas Drug Crimes CRIMINAL Law Handbook (State)Texas Young Lawyers Association2014 EditionDisclaimer: This publication is intended to provide lawyers with current and accurate information about handlingand resolving CRIMINAL law controversies. However, it is not a substitute for independent research or verificationof authority. It is merely intended as an aid to lawyers. No warranty express or implied is Executive CommitteeKristy Blanchard, PresidentCameron J. Cox, ChairVictor Villarreal, Vice PresidentPriscilla D. Camacho, SecretaryC. Barrett Thomas, TreasurerRebekah Steely Brooker, President-electDustin M.

2 Howell, Rhodes, Immediate Past PresidentMember Services and Outreach CommitteeChairsBill GardnerSam HoustonSally PretoriusVice ChairsAlex BellD. Lance CurrieLaura W. DockerAndrew DornburgSoraya Yanar HanshewAlex B. RobertsJohn W. ShawL. Brook StuntebeckBrandy Wingate VossCopyright 2014 TEXAS YOUNG LAWYERS ASSOCIATION Curriculum materials created by the Texas Young Lawyers Association. All rights reserved. No part of these materials maybe reproduced in any form or for any other purpose without the written consent of the Texas Young Lawyers of .. After you are retained or CRIMINAL a.

3 Conducting discovery with the prosecution .. Bargaining in Misdemeanor a. Alternative dispositions ..5 b. Probation ..5 c. Client communication ..5 d. Collateral Drug Penalty Groups ..6 VII. Possession of Marihuana ..6 VIII. Statute of Limitations for Misdemeanor Offenses ..7IX. Defendant s Pleadings and Motions ..7 a. Pretrial motions .. Considerations ..9 a. Voir Dire and Challenges for i. Preserving error on challenges for ii. Voir dire b.

4 Trial i. Specific objections ..10 ii. Statutory Rules ..10 c. Suppression hearing tips and law ..13 i. Ground for suppressing evidence ..13 ii. Consensual iii. Investigative Detentions ..14 iv. Community Caretaking ..15 v. Specific Instances of Reasonable Suspicion ..15 vi. Searches without a warrant ..201. Persons ..202. Cars ..203. Client Information Form.

5 23 XII. Letter of Representation ..24 XIII. Notice of Appearance and Discovery Request ..25 XIV. Motion to Notice of Motion to Withdraw ..30 XVII. Representation Agreement ..32 XVIII. Health and Safety Code Penalty Groups ..33 XIX. Federal Rules of Evidence ..38XX. Common Objections and Drug Crimes CRIMINAL Law Handbook (State)Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The ComprehensiveDrug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act. This guide focuses on Texasstate Controlled Substances Act covers nearly all of the drug offenses in Texas and is codified in the Texas Health andSafety Code, Chapters 481 through 486.

6 Since Texas is an international border state, drug traffic offenses are a majorconcern and your clients affiliation with groups known to traffic drugs may have a major impact on sentencing. Drug offenses are among the most serious charges in CRIMINAL law. They carry with them severe penalties and can haveother consequences in areas of one s life, such as family life and employment. The legal penalties for drug crimes will dependon the nature of the drug offenses are considered more severe if they take place in certain areas, such as near a school or daycare center orother places where children would normally frequent.

7 Drug offenses also frequently coincide with other CRIMINAL offenses,such as DWI, Assault, or other offenses for which a person is arrested and drugs are subsequently found on their personor in their CRIMINAL defense lawyer s involvement is contingent upon a client s request for assistance. In cases where a person asksfor help prior to the return of an indictment or the filing of an information, a lawyer could be involved in conversationswith the prosecutor before he or she makes the decision to file involved before formal charging carries significant advantages. Defending against a case that has been filed is fairlyeasy: you already know that the worst that can happen is the client will be found guilty.

8 When a client engages defensecounsel early in the CRIMINAL investigation, there are opportunities to make strategic decisions which successfully end theinvestigation or prevent charges from being drug cases will be almost exclusively possession of marihuana or possession of certain prescription narcoticswithout said prescription. Depending on where the client was arrested, a drug-free zone may also come into play. A determination that the drugs were in a drug-free zone will increase the severity of the offense by one drug offense conviction will have many collateral consequences. A conviction for possession of marihuana or almostany other illegal drug will result in the loss of driving privileges for one year.

9 Also, a drug conviction will result in notbeing eligible for various federal loans and grants such as student loans. There are also immigration consequences of these consequences, it is important for attorneys representing individuals accused of drug offenses to be awareof the most common weaknesses in the typical prosecution s case. These include: Unconstitutional stops by authorities Improper search warrants Illegal searches and seizures1 StrategyOften the best course is to challenge the drug charge by having a motion to suppress evidence hearing. The motion tosuppress is a method to challenge various parts of the State s case.

10 Occasionally, even though the motion to suppress wasnot successful in having the charge dismissed, the prosecutor may realize that the officer was not truthful or that the casehas some other weakness, and will therefore reduce or dismiss the charges. If the motion to suppress is successful, theprosecutor will normally dismiss the charges. If the motion to suppress is not successful, you can still go to trial, or youcan still negotiate a plea bargain. However, make sure you speak with the prosecutor handling your case about whetherany plea bargain offered will still be available after a motion to suppress is you are retained or appointedIf you are appointed to represent a defendant, the local rules for your county should provide time guidelines for visitingyour client in At the first meeting, obtain information about their addresses and telephone numbers, as well as additionalpeople to use for contacts.